More people take time off for face lifts (From Swindon Advertiser)

More people take time off for face lifts

9:30pm Friday 15th August 2008

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BOSSES need to make sure they know their rights as more people request sick pay while they take time off for cosmetic surgery.

The warning comes from Malcolm Gregory, partner and employment specialist at Swindon’s Withy King solicitors.

He has seen a rise in inquiries from employers checking their rights as more staff elect to have face lifts and liposuction.

According to Mr Gregory the area of cosmetic and elective surgery and sick leave entitlement is a potential minefield.

“We are getting inquires from an increasing number of employers about whether contractual sick pay should be paid for absence due to cosmetic surgery,” he said.

“Initially, many companies are reluctant to pay sick pay relating to such procedures or tell employees that they must use their annual leave entitlement.

“In cases where company sick pay is not offered and employees are only entitled to receive basic statutory sick pay, employers might find employees asking to take annual leave rather than suffer the loss in pay.

“While holiday pay is not usually paid if an employee is sick, employers can take a pragmatic approach if this is requested.

“However, they must remember not to force employees to take holiday as this might be deemed to be discriminatory.”

Mr Gregory said where contractual sick pay is offered the wording of the employment contract needs to be considered.

“If the contract states sick pay will be paid for any absence owing to ill health, it’s likely the employee will be entitled to be paid, whatever the reason for their absence,” he said.

“However, if a contract stipulates that sick pay is discretionary, an employer must not automatically assume they can refuse to pay where an employee opts to undergo elective surgery.

“If an employer does refuse to pay they may find themselves faced with a sex discrimination claim as the law says a rule or policy which disadvantages a larger proportion of women than men may amount to indirect sex discrimination.”

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